Indian Nullification of the Unconstitutional Laws of Massachusetts by William Apes
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William Apes >> Indian Nullification of the Unconstitutional Laws of Massachusetts
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13 [Illustration: MANNER OF INSTRUCTING THE INDIANS.]
INDIAN NULLIFICATION OF THE UNCONSTITUTIONAL LAWS OF MASSACHUSETTS.
RELATIVE TO THE MARSHPEE TRIBE: OR,
THE PRETENDED RIOT EXPLAINED,
BY WILLIAM APES, AN INDIAN AND PREACHER OF THE GOSPEL
1835.
Entered according to Act of Congress, in the year one thousand eight
hundred and thirty-five, by WILLIAM APES, in the Clerk's Office of the
District Court of Massachusetts.
TO THE WHITE PEOPLE OF MASSACHUSETTS
* * * * *
The red children of the soil of America address themselves to the
descendants of the pale men who came across the big waters to seek
among them a refuge from tyranny and persecution.
We say to each and every one of you that the Great Spirit who is the
friend of the Indian as well as of the white man, has raised up among
you a brother of our own and has sent him to us that he might show us
all the secret contrivances of the pale faces to deceive and defraud
us. For this, many of our white brethren hate him, and revile him, and
say all manner of evil of him; falsely calling him an impostor. Know,
all men, that our brother APES is not such a man as they say. White
men are the only persons who have imposed on us, and we say that we
love our red brother, the Rev. WILLIAM APES, who preaches to us, and
have all the confidence in him that we can put in any man, knowing him
to be a devout Christian, of sound mind, of firm purpose, and worthy
to be trusted by reason of his truth. We have never seen any reason to
think otherwise.
We send this forth to the world in love and friendship with all
men, and especially with our brother APES, for whose benefit it is
intended.
Signed by the three Selectmen of the Marshpee Tribe, at the Council
House, in Marshpee.
ISRAEL AMOS, ISAAC COOMBS, EZRA ATTAQUIN.
_March_, 19, 1835.
BOSTON, OCTOBER 2, 1834,
_To whom it may concern_.
The undersigned was a native of the County of Barnstable, and was
brought up near the Marshpee Indiana. He always regarded them as a
people grievously oppressed by the whites, and borne down by laws
which made them poor and enriched other men upon their property. In
fact the Marshpee Indians, to whom our laws have denied all rights of
property, have a higher title to their lands than the whites have, for
our forefathers claimed the soil of this State by the _consent of the
Indians_, whose title they thus admitted was better than their own.
For a long time the Indians had been disaffected, but no one was
energetic enough among them to combine them in taking measures for
their rights. Every time they had petitioned the Legislature, the
laws, by the management of the interested whites, had been made more
severe against them. DANIEL AMOS, I believe, was the first one among
them, who conceived the plan of freeing his tribe from slavery.
WILLIAM APES, an Indian preacher, of the Pequod tribe, regularly
ordained as a minister, came among these Indians, to preach. They
invited him to assist them in getting their liberty. He had the talent
they most stood in need of. He accordingly went forward, and the
Indians declared that no man should take their wood off their
plantation. APES and a number of other Indians quietly unloaded a load
of wood, which a Mr. SAMPSON was carting off. For this, he and some
others were indicted for a riot, upon grounds extremely doubtful in
law, to say the least. Every person on the jury, who said he thought
the Indians ought to have their liberty, was set aside. The three
Indians were convicted, and APES was imprisoned thirty days.
It was in this stage of the business, after the conviction, that I
became the counsel of the Indians, and carried their claims to the
Legislature, where they finally prevailed.
The persons concerned in the riot, as it was called, and imprisoned
for it, I think were as justifiable in what they did, as our fathers
were, who threw the tea overboard; and to the energetic movements of
WILLIAM APES, DANIEL AMOS and others, it was owing that an impression
was made on the Legislature, which induced them to do partial justice
toward this long oppressed race. The imprisonment of those men, in
such a cause, I consider an honour to them, and no disgrace; no more
than the confinement of our fathers, in the Jersey prison-ship.
BENJAMIN F. HALLETT,
_Counsel for the Marshpee Indian_.
INTRODUCTION.
* * * * *
The writer hopes that the public will give him credit for an intention
to adhere rigidly to the truth, in presenting his views of the late
difficulties of the Marshpee Tribe, as it is as much his wish as his
intention to do justice to all his brethren, without distinction of
colour. Yet he is sensible that he cannot write truly on this subject
without attracting the worst wishes of those who are enemies to
liberty, or would reserve it exclusively to themselves. Could he speak
without incurring such enmity, he would be most happy to do so; but he
is fully aware that he cannot even touch this matter without exposing
himself to certain calumny. This has been his portion whenever he has
attempted to plead the cause of his ignorant and ever-oppressed red
brethren. Nevertheless, he will endeavour to speak independently, as
if all men were his friends, and ready to greet him with thundering
applause; and he would do so if their voices were to pronounce on him
a sentence of everlasting disgrace. He writes not in the expectation
of gathering wealth, or augmenting the number of his friends. But
he has not the least doubt that all men who have regard to truth
and integrity, will do justice to the uprightness of his intentions.
(Heaven be praised! there are some such men in the world.) He is
equally sure that the evidence contained in this little work will be
satisfactory, as to all the points he wishes to establish, to all who
are open to conviction.
It is true that the author of this book is a member of the Marshpee
Tribe, not by birth, but by adoption. How he has become one of that
unfortunate people, and why he concerns himself about their affairs,
will now be explained to the satisfaction of the reader. He wishes
to say in the first place, that the causes of the prevalent prejudice
against his race have been his study from his childhood upwards. That
their colour should be a reason to treat one portion of the human race
with insult and abuse has always seemed to him strange; believing
that God has given to all men an equal right to possess and occupy the
earth, and to enjoy the fruits thereof, without any such distinction.
He has seen the beasts of the field drive each other out of their
pastures, because they had the power to do so; and he knew that the
white man had that power over the Indian which knowledge and superior
strength give; but it has also occurred to him that Indians are men,
not brutes, as the treatment they usually receive would lead us to
think. Nevertheless, being bred to look upon Indians with dislike and
detestation, it is not to be wondered that the whites regard them as
on a footing with the brutes that perish. Doubtless there are many who
think it granting us poor natives a great privilege to treat us with
equal humanity. The author has often been told seriously, by sober
persons, that his fellows were a link between the whites and the brute
creation, an inferior race of men to whom the Almighty had less
regard than to their neighbours, and whom he had driven from their
possessions to make room for a race more favoured. Some have gone so
far as to bid him remove and give place to that pure and excellent
people who have ever despised his brethren and evil entreated them,
both by precept and example.
Assumption of this kind never convinced WILLIAM APES of its own
justice. He is still the same unbelieving Indian that he ever was.
Nay, more, he is not satisfied that the learned and professedly
religious men who have thus addressed him, were more exclusively the
favourites of his Creator than himself, though two of them at least
have been hailed as among the first orators of the day, and spoke
with an eloquence that might have moved stocks and stones. One of
them dwells in New York and the other in Boston. As it would avail him
little to bespeak the favour of the world in behalf of their opinions
by mentioning their names, he will proceed with the matter in hand,
viz. the troubles of the Marshpee people, and his own trial.
INDIAN NULLIFICATION, &c.
It being my desire, as well as my duty as a preacher of the gospel, to
do as much good as in me lay to my red brethren, I occasionally paid
them a visit, announcing and explaining to them the word of life,
when opportunity offered. I knew that no people on earth were more
neglected; yet whenever I attempted to supply their spiritual wants,
I was opposed and obstructed by the whites around them, as was the
practice of those who dwelt about my native tribe, (the Pequods,) in
Groton, Conn. of which more will be said in another place.
Being on a tour among my brethren in May, 1833, I was often asked why
I did not visit my brethren of Marshpee, of whom I had often heard.
Some said that they were well provided, and had a missionary, named
FISH, who took care of their lands and protected them against the
fraud of such of their neighbours as were devoid of principle. Others
asserted that they were much abused. These things I heard in and about
Scituate and Kingston, where I had preached. Some of those who spoke
thus, were connected with the missionary. The light thus obtained
upon the subject being uncertain, I resolved to visit the people of
Marshpee, and judge for myself. Accordingly I repaired to Plymouth,
where I held forth on the civil and religious rights of the Indians,
in Dr. KENDALL'S church, and was treated with Christian kindness by
the worthy pastor and his people. Dr. KENDALL gave me a letter of
introduction to Mr. FISH, at Marshpee. Being unacquainted with
the way, I strayed a little from it, and found a number of good
Congregationalists of the old school, who invited me to tarry and
preach to them in the evening, which I did, to their acceptance; for
they and their pastor desired me to remain and preach on the Sabbath,
which, however, I could not consistently do. I proceeded thence to
Sandwich, where I made my mission known to Mr. COBB, the Orthodox
preacher, who appeared to be pleased.
Mr. COBB said that he had agreed to exchange with Mr. FISH, on the
Sabbath following, but as it was inconvenient for him to do so, he
would give me a line to him. With this furtherance I set forward, and
arrived at Mr. FISH's house before sunset, informing those I met on
the way that I intended to preach on the next day, and desiring them
to advise others accordingly. When I made my business known to Mr.
FISH, he treated me with proper kindness, and invited me to preach for
him. When I awoke in the morning, I did not forget to return thanks to
God for his fatherly protection during the night, and for preserving
me in health and strength, to go through the duties of the day. I
expected to meet some hundreds of the tribe, and to hear from their
lips the sweet song of salvation which should prepare their minds for
the words of life, to be delivered by one of the humblest servants of
God. I hoped that grace might be given to me to say something to my
poor brethren that might be for their advantage in time and eternity;
after which I thought I should see their faces no more. I looked to
see them thronging around their missionary in crowds, and waited for
this agreeable sight with great anxiety.
The time appointed for the service was half past ten. When it arrived,
we got into our carriages and proceeded to the Meeting-house, which
was about two miles and a half distant. The sacred edifice stood in
the midst of a noble forest, and seemed to be about a hundred
years old; circumstances which did not render its appearance less
interesting. Hard by was an Indian burial ground, overgrown with
pines, in which the graves were all ranged North and South.
A delightful brook, fed by some of the sweetest springs in
Massachusetts, murmured beside it. After pleasing my eyes with this
charming landscape, I turned to meet my Indian brethren and give
them the hand of friendship; but I was greatly disappointed in the
appearance of those who advanced. All the Indians I had ever seen were
of a reddish color, sometimes approaching a yellow; but now, look to
what quarter I would, most of those who were coming were pale faces,
and, in my disappointment, it seemed to me that the hue of death sat
upon their countenances. It seemed very strange to me that my brethren
should have changed their natural color, and become in every respect
like white men. Recovering a little from my astonishment, I entered
the house with the missionary. It had the appearance of some ancient
monument set upon a hill-top, for a landmark to generations yet
unborn. Could Solomon's temple have been set beside it, I think no one
would have drawn an architectural comparison. Beautiful as this place
was, we had little time to admire it; something more solemn demanded
our attention. We were to prepare ourselves for a temple more splendid
than ever was built by hands. When the congregation were seated, I
arose and gave out the psalm. I now cast my eyes at the gallery, that
I might see how the songsters who were tuning their harps appeared;
but, with one exception, paleness was upon all their faces. I must
do these _Indians_ the justice to say that they performed their parts
very well. Looking below, something new caught my attention. Upon
two seats, reserved along the sides of the temple for some of the
privileged, were seated a few of those to whom the words of the
Saviour, as well as his scourge of small cords, might be properly
applied, "It is written that my house shall be called the house of
prayer, but ye have made it a den of thieves;" for these pale men were
certainly stealing from the Indians their portion in the gospel, by
leaving their own houses of worship and crowding them out of theirs.
The law, perhaps, allowed them to do so. After singing and prayer, I
preached one of my humble sermons, after which I attended a Sabbath
School, in which a solitary red child might be seen here and there.
By what I saw, I judged that the whites were much favored, while the
little red children were virtually bidden to stand aside. I understood
that the books that were sent to them had been given to the white
scholars.
After a slight refreshment, the duty of worship was resumed; and I
discovered that plain dealing was disagreeable to my white auditory.
I inquired where _the Indians_ were; to which Mr. Fish replied, that
they were at a place called Marshpee, and that there was a person
called _Blind Joe_, who tried to preach to them, which was the cause
of their absence. Though the said Joe was one of them, he had done
them more harm than good. I asked why he did not invite Blind Joe, and
get him to preach for him a part of the time. He answered, that that
could not be; that Joe was not qualified to preach and instruct. I
replied that he could not, perhaps, be sure of that, and that if he
had followed the course I had mentioned, it would at least have been
the means of uniting the people, which would of itself have been great
good. It was then concluded to have a meeting at Marshpee; and, in the
afternoon of the next day, I paid the people of that place a visit in
their Meeting-house. I addressed them upon temperance and education,
subjects which I thought very needful to be discussed, and plainly
told them what I had heard from their missionary, viz: That it was
their general disposition to be idle, not to hoe the corn-fields they
had planted, to take no care of their hay after mowing it, and to lie
drunken under their fences. I admonished them of the evil of these
their ways, and advised them to consider any white man who sold them
rum their enemy, and to place no confidence in him. I told them that
such a person deserved to have his own rum thrown into his face.
I endeavored to show them how much more useful they might be to
themselves and the world if they would but try to educate themselves,
and of the respect they would gain by it. Then, addressing the throne
of grace, I besought the Lord to have mercy on them and relieve
them from the oppressions under which they laboured. Here Mr. Fish
cautioned me not to say any thing about oppression, that being,
he said, the very thing that made them discontented. They thought
themselves oppressed, he observed, but such was not the case. They
had already quite liberty enough. I suggested to him the propriety of
granting them the privileges enjoyed by the whites about them; but he
said that that would never do, as they would immediately part with
all their lands. I told him that, if their improvement was his aim,
he ought to go among them and inquire into their affairs; to which he
replied that he did go at times, but did not say much to them about
their worldly concerns. He asked me if I thought it proper to preach
about such things. I answered that I thought it proper to do good in
any way; that a variety was not amiss, and that such a course would
convince his flock that he had their welfare at heart.
I had now appointed to meet my brethren on Wednesday evening
following, when I expected to bid them farewell forever; and in the
mean while I had obtained a letter of introduction to Mr. Pratt, of
Great Marshes. There I gave the audience a word in season, upon the
subject of Indian degradation, which did not appear to please them
much. I then visited Barnstable, and finding no resting place there
for the sole of my foot, I journeyed as far as Hyannis, where I was
entertained with hospitality and kindness. On the evening of the
fourteenth day, I again preached on the soul-harrowing theme of Indian
degradation; and my discourse was generally well received; though it
gave much offence to some illiberal minds, as truth always will, when
it speaks in condemnation. I now turned my face toward Marshpee, to
preach the word there.
I had made up my mind to depart early on the morrow, and therefore,
that I might hear of their concerns, and how they fared from their own
mouths, I intended to commence my labours early in the day. I had not
the least intention of staying with my brethren, because I saw that
they had been taught to be sectarians, rather than Christians, to
love their own sect and to hate others, which was contrary to the
convictions of my own experience as well as to the doctrine of Jesus
Christ. What ensued led me to look farther into their case. The
lecture I had delivered in the Meeting-house, had wrought well, and a
small pamphlet that contained a sketch of the history of the Indians
of New England had had a good effect. As I was reading from it, an
individual among the assembly took occasion to clap his hands, and
with a loud shout, to cry, "Truth, truth!" This gave rise to a general
conversation, and it was truly heart-rending to me to hear what my
kindred people had suffered at the hands of the whites.
Having partook of some refreshment, we again met to worship God in the
School-house; where I believe that the Spirit of the Lord was revealed
to us. Then, wishing to know more of their grievances, real or
supposed, and upon their invitation, I appointed several meetings;
for I was requested to hear their whole story, and to help them. I
therefore appointed the twenty-first of May, 1833, to attend a council
to be called by my brethren. In the mean while I went to Falmouth,
nine miles distant, where I held forth upon the civil and religious
rights of the Indians. Some, who apparently thought that charity
was due to themselves, but not to the red men, did not relish the
discourse; but such as knew that all men have rights and feelings,
and wished those of others to be respected as well as their own, spoke
favourably of it. Of this number was Mr. Woodbury, the minister, who
thought it would do good. I then returned to Marshpee, to attend the
council.
The meeting was held in the school-room. Business commenced at about
nine in the morning, and continued through the day. The first that
arose to speak was an Indian, Ebenezer Attaquin by name. Tears flowed
freely down his time-furrowed cheeks, while he addressed us in a
manner alike candid and affectionate. The house was well filled.
After listening patiently to the tale of their distresses, I
counselled them to apply for redress to the Governor and Council. They
answered, that they had done so; but _had never been able to obtain a
hearing_. The white agents had always thrown every obstacle in their
way. I then addressed them in a speech which they all listened to with
profound attention.
I began by saying that, though I was a stranger among them, I did
not doubt but that I might do them some good, and be instrumental in
procuring the discharge of the overseers, and an alteration of the
existing laws. As, however, I was not a son of their particular tribe,
if they wished me to assist them, it would be necessary for them to
give me a right to act in their behalf, by adopting me; as then our
rights and interests would become identical. They must be aware that
all the evil reports calumny could invent, would be put in circulation
against me by the whites interested, and that no means to set them
against me would be neglected. (Had the inspiration of Isaiah spoken
these words, they could not have been more fully accomplished, as is
known to the whites of Barnstable County, as well as the Indians.)
Mr. Ebenezer Attaquin, being one of the prayer leaders, replied first,
and said, "If we get this man to stand by us, we must stand by him,
and if we forsake him after he undertakes for us, God will forsake us
also."
Mr. Ezra Attaquin wished to know if I could not come and dwell with
them, as so I could do them more good than if abiding at a distance.
Mr. Ebenezer Attaquin said in reply, that if such a chance should be
offered to a white man, he would be very glad to accept it.
I now inquired what provision could be made for me, if I should
consent to their wishes. They answered that their means were small,
but that they would provide a house for me to live in, and do what
they could for my support. I said that, knowing their poverty, I did
not expect much, and gave them to understand that I could dig, and
fish, and chop wood, and was willing to do what I could for myself.
The subject of religious instruction was then discussed, and the
inquiry was made, what should be done with their poor, blind brother,
(who was then absent among another sect.) I answered that I was very
willing, to unite my labours with his, as there was plenty of work for
both of us; and that had I but half a loaf of bread, I would gladly
divide it with him. It was then agreed that we should unite, and
journey together on the road toward heaven.
The case Of Mr. Fish was next laid before the council, and Complaints
were made, that he had neglected his duty; that he did not appear to
care for the welfare of the tribe, temporal or spiritual; that he had
never visited some of the brethren at all, and others only once in
five or seven years; that but eight or ten attended his preaching;
that his congregation was composed of white people, to whom his visits
were mostly confined, and that it seemed that all he appeared to
care for was to get a living, and make as much as he could out of the
Indians, who could not see any reason to think him their friend.
It was, therefore, agreed to discharge him, and three papers were
draughted accordingly. One was a petition to the Governor and Council,
a second to the Corporation of Harvard College; the first complaining
against the Overseers, and the laws relating to the tribe; and the
second against the missionary set over them by Harvard College and the
Overseers. The third document was a statement of my adoption into the
tribe, and was signed by all present, and subsequently by others, who
were not present, but were equally desirious of securing their rights.
It was as follows,
_To all whom it may concern, from the beginning of the world
up to this time, and forever more_.
Be it known, that we, the Marshpees, now assembled in the
presence of God, do hereby agree to adopt the Rev. William
Apes, of the Pequod tribe, as one of ours. He, and his wife,
and his two children, and those of his descendants, forever,
are to be considered as belonging to the Marshpee tribe of
Indians. And we solemly avow this, in the presence of God, and
of one another, and do hereby attach our names to the same,
that he may take his seat with us and aid us in our affairs.
Done at the Council House in Marshpee, and by the authority of
the same, May 21st, 1833.
EBENEZER ATTAQUIN, _President_.
ISRAEL AMOS, _Secretary_.
To this instrument there are about a hundred signatures, which were
affixed to the other papers above mentioned also. The resolutions
which were sent to the two bodies were these:
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